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Advanced Credit Repair - Dealing with Collection Agencies Discuss Looking for settlement letter in the CREDIT AND LEGAL ISSUES forums; I am looking for that settlement letter that spells out that the CA will pull the suit, stop collection activity forever and will not sell or transfer the file. $10K ...
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Old 09-07-2006, 02:44 PM   #1
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Looking for settlement letter

I am looking for that settlement letter that spells out that the CA will pull the suit, stop collection activity forever and will not sell or transfer the file.

$10K in damages if the file is sold or collection activity continues.

Thanks anyone who can help.
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Old 09-07-2006, 03:15 PM   #2
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Originally Posted by klinked View Post
I am looking for that settlement letter that spells out that the CA will pull the suit, stop collection activity forever and will not sell or transfer the file.

$10K in damages if the file is sold or collection activity continues.

Thanks anyone who can help.
Read this thread http://www.infinitecredit.com/forums...&postcount=104 from this post on and see what comprises a good settlement letter. Every settlement is different and should be direct and to the point. It all depends what you want and what they will settle for. Never use a form letter but do include all important points such as what you want from them, what they need to do for you, etc.
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Old 09-07-2006, 03:20 PM   #3
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Originally Posted by klinked View Post
I am looking for that settlement letter that spells out that the CA will pull the suit, stop collection activity forever and will not sell or transfer the file.

$10K in damages if the file is sold or collection activity continues.

Thanks anyone who can help.
This is agood start.

Just make sure suit is dismissed with prejd.
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Old 09-07-2006, 03:27 PM   #4
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The link above leads to a letter that was subsequently revised extensively... Post 111 in that thread is the letter as sent.

Enigma's addition is something we all missed in RB's final letter.

A read of the thread from Post #104 on gives the rationale for the revisions.
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Old 09-07-2006, 03:31 PM   #5
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I didn't miss it; that's just a given if no one else knew. It absolutely must be dismissed with prejudice. I have written a couple of settlement agreement, so I know what's up. The letters I posted were negotiations. I am assuming the poster above has reached some sort of agreement and needs to write a contract, correct?

I don't know the background of your case Klinked, but a $10,000.00 damage clause? That might be hard to get them to agree to unless you're talking a large settlement.
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Old 09-07-2006, 03:33 PM   #6
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That's what i was looking for. Can IC get a bookmarking function?

I wanted to write out my contract as sort of a checklist is front of me while negotiating. I wanted to have my thoughts written down and then call. This is perfect to start me off, thanks


edit---

Small claim court is Monday afternoon. Alleged unvalidated medical bill they filed suit on

First call to settle will be offer to have them withdraw and dismiss w/ prej and $1000 on counterclaim for numerous violations. see what happens. I figure it will look good on Monday if I can say I offered to settle

Last edited by klinked; 09-07-2006 at 03:41 PM..
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Old 09-07-2006, 04:39 PM   #7
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Originally Posted by FixinThings View Post
The link above leads to a letter that was subsequently revised extensively... Post 111 in that thread is the letter as sent.

Enigma's addition is something we all missed in RB's final letter.

A read of the thread from Post #104 on gives the rationale for the revisions.

I said to start reading the thread from there on....all settlements are different and should not be done in a fill-in-the-blank form.
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Old 09-07-2006, 05:25 PM   #8
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This is a claim where I am helping a friend. She just called to talk to the attorney. The woman started screaming at her! It was the craziest thing! IT WAS VALIDATED! IT WAS VALIDATED!

So my friend said "See ya Monday!"

These people violated many, many times. It will be interesting to see how Monday goes.
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Old 09-07-2006, 05:38 PM   #9
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I'm confused...is this thread dealing with the same action or are multiple items in litigation being co-mingled here?

In post #6, you indicated that First call to settle will be offer to have them withdraw and dismiss w/ prej and $1000 on counterclaim for numerous violations. see what happens. I figure it will look good on Monday if I can say I offered to settle but in post #8, you indicated that This is a claim where I am helping a friend. She just called to talk to the attorney. The woman started screaming at her! It was the craziest thing! IT WAS VALIDATED! IT WAS VALIDATED!

The two posts are certainly suggestive of a co-mingling of issues within this thread.
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Old 09-07-2006, 09:58 PM   #10
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I am looking for that settlement letter that spells out that the CA will pull the suit, stop collection activity forever and will not sell or transfer the file.

$10K in damages if the file is sold or collection activity continues.

Thanks anyone who can help.
As others have written there are all types of settlement letters.

This is one I used when I just did not want to deal with a JDB and wanted to get the thing over with,as I had just won a big case that took up a considerable amount of my time.

I offered 10% of what they were suing me for and it was accepted.

Here is the jist of it...

I offer to settle this matter for the sum of XXXX This offer is valid for ten (10) days from the date of this letter. If you wish to accept this offer please notify me in writing prior to the expiration of said offer.

The contents of this letter are for settlement purposes only and shall not be construed as a waiver of my rights, all of which are expressly reserved.

Then they will send back a letter that they accept

You write back In order to terminate the litigation and resolve this dispute I have prepared the enclosed stipulation of Dismissal and Release.

Please sign and return back to me. Upon receipt I will sign and file the SoD.

This is the Stipulation

Pursuant to (your state and rules) the undersigned parties being all the parties in the above captioned matter agree that this action be dismissed with prejudice with rights of appeal waived and without costs or attorneys
fees to any party.

RELEASE
In consideration of payment of XXXX and No cents ($XXX)the receipt of which is herby acknowledged (your JDB) and address of the creep, herby remises releases and forever discharges (your name your address) of any and all claims debts demands action,courses of action, suits,contracts agreements liabilities and damages whatsoever of every name and nature ,which the said (creep) now has or evr had against (your name) up to and including thie Release.including but not limited to any and all claims arising from or related to a credit card agreement by and between (your name) and (the OC) and those claims asserted by (creep) against (your name) in the civil action entitled (plaintiff and defendant docket number)

Witness the hands and seals of (Creep) and (you)

They sign it, you sign it and you send a money order or bank check CRRR.

MAKE COPIES OF EVERYTHING.

Now when I first offered the settlement they came back with a proposal for AGREEMENT FOR JUDGMENT
You do not want that You want a STIPULATION OF DISMISSAL.


I had a lawyer write this up and never heard any more and in fact they even took off the TL so it is a done deal as far as my lawyer and I am concerned.

Good Luck!

ILMD
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